do i have any ec rights?

[drmetalhead]

i am married to a british citizen who is living outisde of the uk and not in any eu country. we are planning to go back to the uk to settle there, my question is do i get any ec rights being her spouse? and would that get me an exemption from the gmc plab test?

[Mr Rusty]

Not sure what you mean by "ec rights".
If you meet all the criteria to be granted an entry clearance as the spouse of a British citizen, then you will be able to come to the UK, and take employment when you get here. However, if you wish to practise as a doctor, the entry clearance will not short-cut any of the requirements to qualify to do so.

Regarding Entry Clearance, start at this page and follow all the links to get the info you need.

http://www.ind.homeoffice.gov.uk/partne ... /partners/

[geriatrix]

The EC rights referred to here? If so, then you do not have EC rights and are not exempt from PLAB test on that basis.


regards

[drmetalhead]

thanks alot, even if my wife is actually present and settled in the uk? i mean that doesn't make sense, i know people that graduated from my medical school and have been exempted because they had ec rights! some had european passports, and some their families worked in european countries other than uk! thanks for your time

[geriatrix]

i am married to a british citizen who is living outisde of the uk and not in any eu country.

The text in blue is the reason why you do not have EC rights.


regards

[drmetalhead]

of course i dnt have any rights now,, my question was would i get them after she's settled in the uk, thanks again for ur time.

[geriatrix]

A British national cannot exercise a Treaty Right in the UK.

You may get EC rights if your British citizen spouse moves to an EEA country (other than the country of her citizenship) and works there (in employment or self-employment) for at least 6 months, and you join her in that EEA country as a family member. Para 3(a)(ii) of Who is an "exempt person"?


regards

[86ti]

A British national cannot exercise a Treaty Right in the UK.

You may get EC rights if your British citizen spouse moves to an EEA country (other than the country of her citizenship) and works there (in employment or self-employment) for at least 6 months, and you join her in that EEA country as a family member. Para 3(a)(ii) of Who is an "exempt person"?

That may be just nit-picking now and not help the OP at all but physical relocation is not always necessary as providing cross-border services or cross-border working could count too (although I do not know HO's opinion regards the latter case). I think John once mentioned that the UK would also not strictly enforce the six months anymore.

[Mr Rusty]

A British national cannot exercise a Treaty Right in the UK.

You may get EC rights if your British citizen spouse moves to an EEA country (other than the country of her citizenship) and works there (in employment or self-employment) for at least 6 months, and you join her in that EEA country as a family member. Para 3(a)(ii) of Who is an "exempt person"?

That may be just nit-picking now and not help the OP at all but physical relocation is not always necessary as providing cross-border services or cross-border working could count too (although I do not know HO's opinion regards the latter case). I think John once mentioned that the UK would also not strictly enforce the six months anymore.

Not sure if that's right. The actual text of the 2006 Regulations is thus:

"Family members of United Kingdom nationals
9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who
is the family member of a United Kingdom national as if the United Kingdom national were an
EEA national.
(2) The conditions are that—
(a) the United Kingdom national is residing in an EEA State as a worker or self-employed
person or was so residing before returning to the United Kingdom; and
(b) if the family member of the United Kingdom national is his spouse or civil partner, the
parties are living together in the EEA State or had entered into the marriage or civil
partnership and were living together in that State before the United Kingdom national
returned to the United Kingdom."

The residence requirement looks pretty specific to me

[86ti]

A British national cannot exercise a Treaty Right in the UK.

You may get EC rights if your British citizen spouse moves to an EEA country (other than the country of her citizenship) and works there (in employment or self-employment) for at least 6 months, and you join her in that EEA country as a family member. Para 3(a)(ii) of Who is an "exempt person"?

That may be just nit-picking now and not help the OP at all but physical relocation is not always necessary as providing cross-border services or cross-border working could count too (although I do not know HO's opinion regards the latter case). I think John once mentioned that the UK would also not strictly enforce the six months anymore.

Not sure if that's right. The actual text of the 2006 Regulations is thus:

"Family members of United Kingdom nationals
9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who
is the family member of a United Kingdom national as if the United Kingdom national were an
EEA national.
(2) The conditions are that—
(a) the United Kingdom national is residing in an EEA State as a worker or self-employed
person or was so residing before returning to the United Kingdom; and
(b) if the family member of the United Kingdom national is his spouse or civil partner, the
parties are living together in the EEA State or had entered into the marriage or civil
partnership and were living together in that State before the United Kingdom national
returned to the United Kingdom."

The residence requirement looks pretty specific to me

Yes, that's what the EEA regulations say and the GMC will certainly rely on that. But there is still the Carpenter case and possibly newer ECJ judgements relating to the cases I mentioned above. The UK may have a very narrow view on those matters. But as I said this is just nit-picking and not helpful to this case.

[Obie]

I agree that regulation 9 does not confer full community rights to UK nationals, in circumstance where community law grant them something which the regulation refuse them , they can claim a right from any community element in a court of law, and it will be upheld.

It appears the regulations limit the scope of the ECJ caselaws for returning UK nationals.

Carpenter will not help OP, as Mrs Carpenter did not win on treaty rights but on Article 8 of the human right. Had Mr Carpenter been a frontier worker or had business established elsewhere in the community like Asscher, his wife would have qualified under the treaty.

No instrument of community law states that one has to have installed themselves in another memberstate for 6 months to acquire rights under the community treaty. That is purely a UK thing and has no basis in community law.